TWARDOWSKI v. ARMY , No. 14-3177 (Fed. Cir. 2014)

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Case: 14-3177 Document: 14 Page: 1 Filed: 10/07/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ RADOMYSL TWARDOWSKI, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent. ______________________ 2014-3177 ______________________ Petition for review of the Merit Systems Protection Board in No. DE-1221-13-0272-W-1. ______________________ ON MOTION ______________________ ORDER Radomysl Twardowski moves for leave to proceed in forma pauperis, which the court also construes as a motion to reinstate. This appeal was dismissed on September 8, 2014 for failure to submit a Statement Concerning Discrimination and for failure to pay the fee. Twardowski has submitted the Statement Concerning Discrimination and the pending motion for leave to proceed in forma pauperis. Case: 14-3177 Document: 14 2 Page: 2 TWARDOWSKI Filed: 10/07/2014 v. ARMY Upon consideration thereof, IT IS ORDERED THAT: (1) The motion for leave to proceed in forma pauperis is denied. (2) The court s September 8, 2014 dismissal order will be vacated, the mandate will be recalled, and the appeal will be reinstated if Twardowski pays the docketing fee of $500 within 30 days of the date of filing of this order. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s24

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